SRI LANKA: Drunken policeman tries to murder a monk

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-049-2015
ISSUES: Administration of justice, Impunity, Rule of law,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that the Chief Incumbent of the Namal Uyana Buddhist Monastery, Venerable Wanawasi Rahula Thero, has escaped an attempt on his life. Constable H.G.M.L. Karunadasa (87198) attached to the Galkiriyagama Police Station, used his official weapon to open fire on the monk on 17 April 2015.

CASE NARRATIVE:

According to the information that the Asian Human Rights Commission (AHRC) has received, Venerable Wanawasi Rahula, the Chief Incumbent of the Namal Uyana Buddhist Monastery has escaped a murder attempt. A police constable opened fired him at his temple on 17th April 2015 at 6:45 p.m.

Namal Uyana Buddhist Monastery is situated at the Jathika Namal Uyana in Galkiriyagama Police Division, Anuradhapura District. Namal Uyana is an archeological site, with a 2,300-year history, being a place fostered by several Sri Lankan kings. The Jathika Namal Uyana is the largest ironwood forest and the largest pink quartz mountain in Asia. The ironwood tree is native to Sri Lanka and the replanted forest is over 260 acres in size. According to the biologists, the importance of the Namal Uyana is that it has 102 species of tropical plants, of which 82 are herbal plants, within the 260 acres. A total of 18 bird species and a number of mammals including elephants, leopards, monkeys, and deer also dwell in the park and its proximity. Namal Uyana, recently declared a National Heritage site, is governed under the Department of Wildlife Conservation (DWLC), has become popular among Sri Lankans in recent years. Venerable Rahula Thero holds the position of the trustee of Namal Uyana. 

On 17th April 2015 at 6:45 p.m., Venerable Rahula Thero was in his temple building observing the rituals. Two officials attached to the Civil Defence Force (CDF) provided by the Ministry of Defence for security were in the temple premises. Venerable Thero observed that two police officers had begun to approach him. The officers were in uniform and they held their official weapons as well. As it was a usual scenario – police officers on duty visit the monastery’s main compound and make official notes in the records books at the main entrance – the Thero welcomed them with due respect.

But then the Venerable Rahula Thero observed that the one of the police officers was panicking. He observed the unusual behavior of the officer. The officer appeared to be on the brink of exploding in anger and violence. The Thero questioned the officers, whether one of them was in an inebriated situation. The Thero further asked whether the officer was in a position to execute his duties and provide protection to the place.

Instead of responding to the Thero, the police officer suddenly loaded his machine gun. The Thero saw and heard the sound of the gun being prepared for being fired. Fearing for his life the Thero tried to run away from the scene and hide inside the building. While he was escaping the Thero heard the police officer open fire at the Venerable Rahula and also at the two other officers attached to the Civil Defence Force (CDF) who were close to the Thero. All three victims were able to save themselves by hiding in the forest and in a building in close proximity.

Two hours later the victims were able to came out from their hiding places. They then proceeded to make a complaint to the Police Emergency Service. Later the police officers attached to the Galkiriyagama Police Station reached the site and provided protection to the Thero.

Immediately, the police officers brought the two responsible police officers to the Galkiriyagama Police Station. The following day, Venerable Rahula Thero learned that the responsible police officer, PC Karunadasa had been produced before the Magistrate’s Court of Kakirawa and remanded until the 22 April 2015. On 22 April, PC Karunadasa was produced before the Magistrate again and re-remanded until the 6th of May. At the Magistrate’s Court the police provided information that the police officer was in an inebriated state while on duty, and it was ordered that the police should continue the investigation and submit all the evidence recovered from the scene of the crime.

Speaking to the AHRC, Venerable Rahula Thero has stated that:

a) The police officers are stationed there to protect lives and properties of the Jathika Namal Uyana. 
b) The officer used the official weapon issued by the police department to try and kill innocent civilians. 
c) The investigations are being done by the very same police station, Galkiriyagama Police Station, where the responsible police officer is attached. 
d) When the shooting occurred, there were several others, including the 2 CDF officers, who were eyewitnesses. The statements of all the independent and competent witnesses must be recorded. Steps have not been taken in this regard. 
e) There is considerable crime scene evidence that remained at the scene of crime even after the police took the responsible police officer away from the scene. The used ammunition and the live ammunition were still available at the scene of the crime. The Officer-in-Charge (OIC) of the crime investigation has to seize this evidence and must handed over to the same to the court. Later, these productions must be provided to the government analyst for verification of relevant facts in the trial.
f) The court must ensure that the responsible officer does not report for duty; if he is allowed to come to the duty, he can use his official weapons, and there can be threat to the lives of the Thero. 
g) The court must prevent the responsible police officers from being able to enter the Monastery precincts to protect life and property. 
h) Immediate disciplinary action must be initiated against the police officer and also the supervising OIC of the responsible police officer for his failure to address breach of protocol of the officers under his charge. 
i) The victims must be provided immediate relief and justice should result.

SUGGESTED ACTION:

Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of attempted murder of a Buddhist monk by the police, and the prosecution of those proven to be responsible under the criminal law of the country.

Please note that the AHRC has also written a separate letter to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions on this regard. 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ………………..,

SRI LANKA: Drunken policeman tries to murder a monk

Name of the victim: Reverent Wanawasi Rahula Thera
Alleged perpetrator:
1) Police Constable H.G.M.L Karunadasa (87198) attached to the Galkiriyagama Police Station
2) Officer-in-Charge Galkiriyagama Police Station
Date of incident: 17th April 2015
Place of incident: Galkiriyagama Police Division

I am writing to express my serious concern over the case of Rev. Wanawasi Rahula the Chief Incumbent of the Namal Uyana Buddhist Monastery who has escaped a murder attempt. A police constable opened fired him at his temple on 17th April 2015 at 6:45 p.m.

Namal Uyana Buddhist Monastery is situated at the Jathika Namal Uyana in Galkiriyagama Police Division, Anuradhapura District. Namal Uyana is an archeological site, with a 2,300-year history, being a place fostered by several Sri Lankan kings. The Jathika Namal Uyana is the largest ironwood forest and the largest pink quartz mountain in Asia. The ironwood tree is native to Sri Lanka and the replanted forest is over 260 acres in size. According to the biologists, the importance of the Namal Uyana is that it has 102 species of tropical plants, of which 82 are herbal plants, within the 260 acres. A total of 18 bird species and a number of mammals including elephants, leopards, monkeys, and deer also dwell in the park and its proximity. Namal Uyana, recently declared a National Heritage site, is governed under the Department of Wildlife Conservation (DWLC), has become popular among Sri Lankans in recent years. Venerable Rahula Thero holds the position of the trustee of Namal Uyana. 

On 17th April 2015 at 6:45 p.m., Venerable Rahula Thero was in his temple building observing the rituals. Two officials attached to the Civil Defence Force (CDF) provided by the Ministry of Defence for security were in the temple premises. Venerable Thero observed that two police officers had begun to approach him. The officers were in uniform and they held their official weapons as well. As it was a usual scenario – police officers on duty visit the monastery’s main compound and make official notes in the records books at the main entrance – the Thero welcomed them with due respect.

But then the Venerable Rahula Thero observed that the one of the police officers was panicking. He observed the unusual behavior of the officer. The officer appeared to be on the brink of exploding in anger and violence. The Thero questioned the officers, whether one of them was in an inebriated situation. The Thero further asked whether the officer was in a position to execute his duties and provide protection to the place.

Instead of responding to the Thero, the police officer suddenly loaded his machine gun. The Thero saw and heard the sound of the gun being prepared for being fired. Fearing for his life the Thero tried to run away from the scene and hide inside the building. While he was escaping the Thero heard the police officer open fire at the Venerable Rahula and also at the two other officers attached to the Civil Defence Force (CDF) who were close to the Thero. All three victims were able to save themselves by hiding in the forest and in a building in close proximity.

Two hours later the victims were able to came out from their hiding places. They then proceeded to make a complaint to the Police Emergency Service. Later the police officers attached to the Galkiriyagama Police Station reached the site and provided protection to the Thero.

Immediately, the police officers brought the two responsible police officers to the Galkiriyagama Police Station. The following day, Venerable Rahula Thero learned that the responsible police officer, PC Karunadasa had been produced before the Magistrate’s Court of Kakirawa and remanded until the 22 April 2015. On 22 April, PC Karunadasa was produced before the Magistrate again and re-remanded until the 6th of May. At the Magistrate’s Court the police provided information that the police officer was in an inebriated state while on duty, and it was ordered that the police should continue the investigation and submit all the evidence recovered from the scene of the crime.

Speaking to the AHRC, Venerable Rahula Thero has stated that:

j) The police officers are stationed there to protect lives and properties of the Jathika Namal Uyana. 
k) The officer used the official weapon issued by the police department to try and kill innocent civilians. 
l) The investigations are being done by the very same police station, Galkiriyagama Police Station, where the responsible police officer is attached. 
m) When the shooting occurred, there were several others, including the 2 CDF officers, who were eyewitnesses. The statements of all the independent and competent witnesses must be recorded. Steps have not been taken in this regard. 
n) There is considerable crime scene evidence that remained at the scene of crime even after the police took the responsible police officer away from the scene. The used ammunition and the live ammunition were still available at the scene of the crime. The Officer-in-Charge (OIC) of the crime investigation has to seize this evidence and must handed over to the same to the court. Later, these productions must be provided to the government analyst for verification of relevant facts in the trial.
o) The court must ensure that the responsible officer does not report for duty; if he is allowed to come to the duty, he can use his official weapons, and there can be threat to the lives of the Thero. 
p) The court must prevent the responsible police officers from being able to enter the Monastery precincts to protect life and property. 
q) Immediate disciplinary action must be initiated against the police officer and also the supervising OIC of the responsible police officer for his failure to address breach of protocol of the officers under his charge. 
r) The victims must be provided immediate relief and justice should result.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of attempted murder of a Buddhist monk by the police, and the prosecution of those proven to be responsible under the criminal law of the country. 

Yours sincerely,

PLEASE SEND YOUR LETTERS TO:

1. Mr. N.K. Illangakoon
Inspector General of Police
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440 
Email: com@police.lk

2. Mr. Yuvanjana Wijayatilake, PC
Attorney General 
Attorney General’s Department
Colombo 12
SRI LANKA 
Fax: +94 11 2 436421 
E-mail: ag@attorneygeneral.gov.lk

3. Secretary
National Police Commission
3rd Floor Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA 
Tel/Fax: +94 11 2 395960 
Email: polcom@sltnet.lk

4. Secretary
Human Rights Commission of Sri Lanka
No 108 Barnes Place
Colombo 07 
SRI LANKA 
Tel: +94 11 2 694 925 / 673 806 
Fax: +94 11 2 694 924 / 696 470 
Email: sechrc@sltnet.lk 

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-049-2015
Countries : Sri Lanka,
Issues : Administration of justice, Impunity, Rule of law,